News

The ever-expanding genuine-dispute doctrine, and how to deal with it

The genuine-dispute doctrine has become the legal equivalent of kudzu – an invasive species known for its explosive growth. This doctrine has become the first line of defense relied on by insurance companies who have been sued for insurance bad-fai… Read More
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Categories: News and Articles

The Trivial-Defect Doctrine: Where It Came From. How to Beat It.

The “trivial-defect doctrine” is the defense strategy of choice in sidewalk trip-and-fall lawsuits. It is a formidable weapon because it allows a judge to determine that the sidewalk defect that caused the plaintiff’s fall was “trivial” and… Read More
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Six Tips for Effective Writ Practice

A "writ" is an order issued by the reviewing court to an inferior tribunal, typically the superior court, directing it to do something (mandate) or forbidding it from doing something (prohibition). Article 6, section 10 of the California Constituti… Read More
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When Arbitration Becomes Impossible: When are parties excused from an agreement to arbitrate?

Arbitration deters claims because it is expensive. Someone who wants to file a civil lawsuit has to hire a lawyer and may have to pay the costs of depositions and experts. But the costs of having a forum to hear the case are usually nominal. In arbit… Read More
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What is wrong with the LA Checker Cab decision?

Ehrlich Firm submits depublication request to California Supreme Court concerning LA Checker Cab Co-Op, Inc. v. First Specialty Ins. Co. on behalf of Consumer Attorneys Association of California. The insurance industry is c… Read More
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Categories: News and Articles